Smt. Santosh Jain (Deceased) ... vs The Registrar Cooperative ...
2009 Latest Caselaw 1449 Del

*          HIGH COURT OF DELHI : NEW DELHI


+          Writ Petition (Civil) No. 5398 of 1997


                                   Judgment reserved on: April 8, 2009

%                                  Judgment delivered on: April 17, 2009


1.   Smt. Santosh Jain (deceased)
     through her L.R.
     Shri Sanjeev Jain
     R/o 11/17, Old Rajinder Nagar,
     New Delhi-110060.

2.   Smt. Savitri Devi Jain (deceased)
     through Sh. Neeraj Jain
     S/o Sh. A.P. Jain,
     R/o AM-197 Ground Floor
     Shalimar Bagh,
     Delhi.

3.   Shri Mehar Chand Jain
     S/o late Shri Sita Ram Jain
     Resident of BP-168
     Shalimar Bagh, West
     Delhi-110052.                                      ...Petitioners

                      Through Mr. S.S. Jain, Advocate

                      Versus


1.   The Registrar Cooperative Societies
     Parliament Street
     New Delhi



WP (C) No.5398/1997                                             Page 1 of 4
 2.   Maitri Nagar Cooperative Group Housing Society Ltd.
     Plot No.29, Sector-9
     Rohini
     New Delhi-110085

3.   Delhi Development Authority
     through its Vice Chairman
     Vikas Sadan, Behind INA Market
     New Delhi                                            ...Respondents

                      Through Mr. Amiet Andlay, Advocate for
                              Respondent No.1
                              Mr. R.P. Bansal, Sr. Advocate with
                              Mr. Rakesh Mahajan and Mr. Pramod
                              Tyagi, Advocates for Respondent No.2


Coram:

HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

1. Whether the Reporters of local papers may
   be allowed to see the judgment?                        Yes

2. To be referred to Reporter or not?                     Not necessary

3. Whether the judgment should be reported
   in the Digest?                                         Not necessary


MADAN B. LOKUR, J.

In this writ petition, the relief prayed for by the Petitioners is

that the order dated 15th June, 1994 passed by the Registrar of

Cooperative Societies should be implemented by the Respondent

society.

2. It may be noted that the aforesaid order has since been

upheld by the Financial Commissioner by an order dated 20 th

September, 1994.

3. The order dated 20th September, 1994 passed by the

Financial Commissioner was the subject matter of challenge in Writ

Petition (Civil) No.2890/1995 (Maitri Nagar Cooperative Group

Housing Society Ltd. v. Mehar Chand Jain & Others).

4. We heard both the writ petitions [this writ petition as well as

Writ Petition (Civil) No.2890/1995] and it was agreed by learned

counsel appearing for the parties before us that the decision in this writ

petition would be dependent upon the decision in Writ Petition (Civil)

No.2890/1995.

5. We have today dismissed Writ Petition (Civil)

No.2890/1995. We have already held in Writ Petition (Civil)

No.2890/1995 that the cessation of membership of the respondents

therein (some of whom are Petitioners in this writ petition) was contrary

to law. Consequently, it is directed that they should be treated as the

members of the Maitri Nagar Cooperative Group Housing Society Ltd.

at all relevant times.

6. With these observations, the writ petition is disposed of.

                                        MADAN B. LOKUR, J




April 17, 2009                          SIDDHARTH MRIDUL, J
ncg

Certified that the corrected
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